IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


A 


z 


1.0 


I.I 


■AS 


1^  IIM 

2.2 


1.8 


1.25      1.4      1.6 

.„ 6"     

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%  > 


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Photographic 

Sciences 
Corporation 


23  WES  <  MAIN  STREET 

ly^SSfM,  N.Y.  14580 

(716)  872-'»503 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 

Collection 

microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographi^ues 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


n 


D 


□ 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagee 


Covers  restored  and/or  laminated/ 
Couverture  restaurie  et/ou  pelliculde 


□    Cover  title  missing/ 
Le  titre  de  couverture  manque 

I      I    Coloured  maps/ 


Cartes  gdographiques  en  couleur 


Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


I      I    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Reli6  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serree  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intdrieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajoutdes 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  dtait  possible,  ces  pages  n'ont 
pas  6t6  filmdes. 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  una 
modification  dans  la  mdthode  normale  de  filmage 
sont  indiquds  ci-dessous. 


□    Coloured  pages/ 
Pages  de  couleur 

□    Pages  damaged/ 
Pages  endommagdes 

□    Pages  restored  and/or  laminated/ 
Pages  restaurdes  et/ou  pellicul^es 


Th 
to 


0 
D 

n 
□ 

n 


Pages  discoloured,  stained  or  foxed/ 
Pages  d^colordes,  tachet^es  ou  piqu^es 

Pages  detached/ 
Pages  d^tach^es 

Showthrough/ 
Transparence 

Quality  of  print  varies/ 
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Comprend  du  materiel  supplementaire 

Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
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Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  peiure, 
etc.,  ont  6t6  filmdes  d  nouveau  de  facon  ct 
obtenir  la  meilleure  image  possible. 


Th 
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fill 


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be 
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oti 
fin 
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or 


Th 
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Additional  comments:/ 
Commentaires  suppl^mentaires: 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmd  au  taux  de  reduction  indiqui  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

30X 

y 

12X 


16X 


20X 


24X 


28X 


32X 


Tha  copy  filmed  h«r«  hat  b««n  raproducad  thankt 
to  tha  ganaroiity  of: 

Library  Division 

Provincial  Archives  of  British  Columbia 


L'axamplaira  film*  fut  raproduit  grAca  k  la 
O*n*rositi  da: 

Library  Division 

Provincial  Archives  of  British  Columbia 


Tha  imagaa  appaaring  hara  ara  tha  baat  quality 
poatibia  conaidaring  tha  condition  and  laglbility 
of  tha  original  copy  and  in  icaaping  with  tha 
filming  contract  spacificationa. 


Original  copias  in  printad  papar  covars  ara  filmad 
beginning  with  tho  front  covar  and  anding  on 
tha  laat  pagj  with  a  printad  or  illustratad  impras- 
tion.  or  tha  bacit  covar  whan  appropriate.  All 
othar  original  copiaa  ara  filmed  beginning  on  the 
firat  pege  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  -^  (meaning  "CON- 
TINUED"), or  the  symbol  V  (manning  "END"), 
whichever  applies. 


Les  imagaa  suivantas  ont  *ti  reproduites  avac  la 
plus  grand  soin.  compta  tenu  de  la  condition  at 
de  la  nettetA  de  I'exemplaira  film*,  et  en 
conformity  avac  las  conditions  du  contrat  de 
filmage. 

Les  exemplairas  originaux  dont  la  couverture  en 
papier  est  imprimie  sont  filmis  en  commen^ant 
par  la  premier  plat  et  en  terminant  soit  par  la 
darnlAre  page  qui  comporta  une  empreinte 
d'imp^ession  ou  d'illustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  las  autres  exemplairas 
originaux  sont  filmAs  en  commen^ant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  'in  terminant  par 
la  derniire  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboies  suivants  apparaitra  sur  la 
darniire  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — ^>  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  retios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hend  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
filmAs  A  des  taux  de  rMuction  diffArents. 
Lorsque  le  document  est  trop  grend  pour  Atre 
reproduit  en  un  seul  clichA,  il  est  filmA  A  partir 
de  I'angie  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nAcessaire.  Les  diagrammas  suivants 
illustrent  la  mAthode. 


1 

2 

3 

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2 

3 

4 

5 

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the  thin 


SPEECH 


OF 


MR.  MILTON  BROWN,  OF  TENNESSEE, 


ON   THE    BILL 


TO  PROTECT  THE  RIGHTS  OF  AMERICAN  SETTLERS 
IN  THE  TERRITORY  OF  OREGON. 


Delivered  in  the  House  of  Representatives,  U.  S.,  April  15, 1846. 


The  House  having  under  consideration  the  bill  "  to  protect  the  rights  of  American  settlers  iifc 
j  the  territory  of  Oregon,  until  the  termination  of  tiie  joint  occupation  of  the  same  "— 

Mr.  MILTON  BROWN  addressed  the  House  as  follows: 

The  bill  under  discussion  purports  by  its  title  to  be  "a  bill  to  protect  the 
rights  of  American  settlers  in  the  territory  of  Oregon ,  until  the  termination 
of  the  joint  occupation  of  the  same."  This  is  an  imposing  title.  It  ex- 
presses an  object  which,  if  carried  out  in  good  faith  by  the  body  of  the  bill, 
would  receive  no  opposition  from  me.  I  will  vote  for  any  and  every  meas- 
ure necessary  and  proper  to  protect  our  citizens  in  Oregon  or  elsewhere. 
But  then  this  bill  contains  other  and  far  different  matters  than  those  indicat- 
ed in  its  deceptive  tide.  It  involves  consequences  far  more  important  than 
any  heretofore  discussed  on  this  much  agitated  Oregon  question.  It  pro- 
i'poses  legislative  actipn,  immediate,  direct,  and  absolute,  not  over  our  citi- 
4  zens  for  their  protection  merely,  but  over  the  territory.  It  looks  to  exclu- 
I  si  e  sovereignty  over  the  whole  territory  at  the  end  of  the  contemplated 
I  year's  notice,  permitting  and  recognising  the  exercise  of  no  rights  on  the 
part  of  Great  Britain  after  that  time.  In  fact,  the  reservations  in  favor  of 
the  rights  of  British  subjects  during  the  year  are  of  doubtful  character,  and 
in  their  consequences  probably  tending  to  a  hostile  conflict  even  before  the 
expiration  of  the  year's  notice.  The  first  reservation  in  favor  of  British  sub- 
jects is  contained  in  the  proviso  to  the  first  section  of  the  bill .  It  is,  in  sub- 
stance, that  the  act  shall  not  be  construed  to  deprive  the  subjects  of  Great 
Britain  of  any  rights  which  were  secured  to  them  by  the  treaty  of  1827. 
Now,  if  Great  Britain  has  any  rights  at  all  in  Oregon,  they  exist  indepen- 
dent of  that  treaty.  That  treaty  confers  no  rights,  but  leaves  the  rights  of 
the  respective  parties  standing  as  they  were.  It  is  uncertain,  therefore, 
whether  this  proviso  in  its  legal  effect  amounts  to  any  thing. 

The  next  and  only  remaining  reservation  is  contained  in  the  proviso  to. 
llie  third  section,  which  is  in  substance  that  when  British  subjects  are  arres- 


i  [i^y  3  y  ii 


I 


ted  for  crime,  they  shall  be  handed  over  to  British  tribunals  for  trial  and 
punishment.  These  provisions  in  f-^vor  of  British  subjects  are  to  expire  at 
the  end  of  the  year's  notice.  Then  our  sovereignty  and  jurisdiction  ovei 
the  whole  of  the  territory  is  to  be  absolute  and  exclusive.  The  eflcct  at  tht 
end  of  the  year's  notice  necessarily  will  be,  to  require  every  British  Hug  thai 
floats  there  to  be  hauled  down,  and  every  British  subject,  without  qualifica- 
tion or  exception,  to  leave  the  country  or  submit  to  our  laws.  Do  gende- 
men  believe  this  can  be  done  without  a  conllict?  After  ihe  repeated  oflersr 
on  the  part  of  this  Government  to  compromise  on  the  forty-ninlh  parallel 
recently  followed  up  by  the  same  ofler  made  by  our  present  Executive,  dc 
gentlemen  suppose  that  Great  Britain  will  tamely  submit  to  be  expelled  from 
the  country  ? 

It  cannot  be  disguised  that  this  bill  originates  with  the  extreme ''rtWo; 
Oregon  or  war^^  men.  About  to  fail  in  making  the  question  of  notice  sub 
servient  to  their  views,  this  bill  has  become  their  peculiar  favorite.  And  iri 
this  they  exhibit  ability  and  greai  tact.  Under  the  imposing  guise  of  extend 
ing  protection  to  our  citizens,  they  efleciually  assert  their  extreme  position 
of '^all  Oregon  or  a  war."  They  have  purposely  and  very  adroitly  left  all 
boundaries  and  limits  out  of  the  bill.  Our  laws  in  Iowa  are  to  be  "extend 
ed  over  all  that  ])ortion  of  the  territory  of  the  United  States  which  lies  wesi 
of  the  Rocky  Mountains."  AVhat  this  territory  is  must  be  decided  by  the 
President,  who  is  to  execute  the  law.  And  as  he  has  declared  in  his  mes 
sage  that  all  the  territory  belongs  to  us,  he  must  execute  the  law  over  the 
M'hole  territory. 

But  it  has  been  said  that  the  extreme  action  of  seizing  die  whole  territory, 
as  contemplated  by  this  bill,  may  be  arrested  by  a  treaty.  But  are  gentle- 
men willing  to  risk  this  in  the  present  excited  stale  of  the  public  mind  ?  Is 
this  not  putting  up  the  peace  of  the  country  on  a  most  dangerous  hazard? 
But,  in  connexion  with  this,  a  still  more  important  consideration  presents 
itself.  It  takes  two-thiids  of  the  Senate  to  ratify  a  treaty.  If,  therefore, 
the  54°  40'  men  in  the  Senate  can  muster  even  a  minoiity  sufficient  to  defeat 
the  treaty ,  then  the  law  goes  into  operation  by  its  own  force.  Does  this  noi 
present  a  powerful  motive  to  the  54°  40'  men  ?  Does  it  not  place  a  most 
dangerous  power  in  the  hands  of  a  minority  of  the  Senate  ?  This  perhaps 
explains  the  extreme  delight  of  the  ''all  of  Oregon  or  war"  men,  at  the 
prospect  of  the  passage  of  this  bill. 

But  this  untimely  and  extraordii.ary  legislation,  it  has  been  said,  is  justi 
fied  by  similar  legislation  on  the  part  of  Great  Britain.  This  position  is 
founded  in  mistake.  No  legislation,  touching  the  Oregon  territory  or  its 
inhabitants,  has  taken  place  on  the  part  of  Great  Britain  since  the  conveii 
tion  of  1827.  That  convention  stands  as  the  last  act  of  both  Government; 
on  die  subject.  It  settled  all  previous  conflicts  (if  any)  of  legislation  that 
existed,  and  has,  as  far  as  we  have  any  information,  been  deemed  the  su 
preme  law,  and  been  in  good  faith  kept  by  all  the  parties  to  it. 
.  Looking  upon  this  bill  in  substance  and  effect  as  asserting  our  exclusive 
sovereignty  and  jurisdiction  over  the  whole  territory  at  the  end  of  the  year's 
notice,  I  only  regret  that  its  friends  do  not  proclaim  with  more  distinctnes: 
and  boldness  what  their  ultimate  ptirpose  is.  I  think  the  time  has  arrived 
when  Congress  should  either  cease  action  on  this  question,  or  else  speak  out 


And  tell  t 

|on"  or  { 

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36  speak  out 


ind  tell  the  country  what  we  intend  doing.  If  we  intend  to  have  "all  Ore- 
Ion"  or  a  fight,  let  us  say  so,  and  then  the  country  will  understand  U3.  Let 
•ur  bravery  be  in  action,  and  not  in  speeches.  Let  the  country, the  peace- 
ful, quiet  citizens  of  the  cor.itry,  know  what  we  are  doing. 

But,  no;  this  is  not  to  be  done.  The  country  is  to  be  led  on  step  by  step, 
Ind  what  folly  produces  is  to  be  set  down  to  necessity.  The  war  spirit  is  to 
i>e  kindled,  but  mixed  up  with  great  professions  of  love  of  peace.  No  one 
on  this  floor  professes  to  love  war;  all  profess  an  extreme  attachment  for 
|>eace;  and  the  steps  which  have  led  us  almost  into  the  flames  of  a  most  un- 
■ecessary  war  have  been  proclaimed  as  treading  in  the  surest  paths  of  peace. 
§  We  seem  to  be  driving  on  from  one  false  step  to  another,  without  any 
distinct  idea  where  these  steps  are  to  lead  us.  This  is  now  the  fifth  month 
|>f  the  session ,  and  this  Oregon  question,  in  various  forms,  has  been  the  con- 
tinued subject  of  excitement  and  discussion,  not  only  here,  but  throughout 
(he  country;  and  all  is  now  as  dark  before  us  as  at  the  commencement  of 
the  session.  The  debates  have  only  served  to  make  darkness  moie  visible. 
At  first  we  thought  we  understood  the  President:  now  we  are  sure  we  do 
not.  All  about  him  is  mystery.  A  large  portion  of  this  long  debate  has 
'been  between  his  own  leading  and  prominent  friends,  in  this  and  the  other 
^ving  of  the  Capitol,  on  the  question  of  what  he  does  mean.  One  wing  of 
liis  party  says  ho  is  now  for  "all  of  Oregon''''  or  war;  another  wing  says  he 
is  for  negotiatioh  'nd  compromise;  and  in  this  state  of  things  we  are  contin- 
ually exhorted  to  o  wianimoiis  !  And  when  we  ask  unanimous  in  what. 
We  are  answered,  in  support  of  the  President!  And  yet  we  do  not  know 
Avhat  he  is  for.  God  save  the  country  from  this  state  of  things! 
',  And  now,  sir.  I  desire  to  say  something  of  tlie  causes  which  have  led  this 
Government  into  its  present  unfortunate  position.  And  in  doing  this,  I  shall 
he  the  better  able  to  present  the  reasons  of  my  belief  that  we  cannot  with 
Wopriety,  in  the  face  of  the  repeated  offers  of  our  own  Government  to  divide 
the  territory  with  Great  Britain,  followed  up  so  recently  by  the  same  offer 
inade  by  oiir  piesent  Executive,  assert,  at  the  hazard  of  war,  an  exclusive 
title  to  all.  And  in  this  I  shall  prove  myself  abundandy  sustained  by  the 
^positions  taken  in  the  President's  message  itself.  But,  first,  as  to  the  un- 
!?vise  influences  which  have  led  the  country  into  its  present  unfortunate  po- 
lition — unfortunate,  I  say,  because  the  chances  of  favorable  and  honorable 
i|djustment  have  been  decreased — unfortunate,  because  of  the  waste  of  time 
iind  money  in  these  long  and  useless,  if  not  worse  than  useless,  debates — 
iind  unfortunate,  because  of  its  injurious  and  destructive  influence  on  tha 
business  and  prosperity  of  the  country. 

This  Oregon  question,  like  all  others  involving  our  foreign  relations,  waa 
confided  by  the  Constitution  to  the  treaty  making  power.  Here  it  was,  and 
liere  it  should  have  remained,  until  necessity,  arising  from  a  failure  of  all 
efforts  at  amicable  settlement,  had  transferred  it  to  other  hands.  It  was  not 
.^iesigned  by  the  wisdom  of  our  fathers,  to  make  every  question  involving 
%m  relations  with  other  governments  the  subjects  of  popular  discussion  at 
the  hustings  or  on  this  floor,  until  all  hope  of  friendly  adjustment  was  gone, 
and  nothing  remained  but  a  question  of  peace  or  of  war.  Such  questions 
were  wisely  left  with  the  President  and  Senate;  and  for  the  best  of  reasons, 
'^  an  exception  to  the  general  spirit  of  our  Government,  the  veil  of  secrecy 


% 


Is  thrown  over  their  notions .  In  this  condition ,  in  accordance  with  thi? 
wise  provision  of  the  Constitution,  was  this  Oregon  question.  Many  of  the 
material  facts,  necessary  to  a  right  nnder^^tanding  of  it,  were  h)ci<ed  up  in 
the  secret  proceedings  of  the  President  and  the  Senate,  and  the  country  was 
imperfectly  acquainted  widi,  if  not  wholly  ignorant  of  them.  How  little, 
then,  was  the  country  prepared,  without  a  knowledge  of  these  facts,  to 
come  to  a  right  conclusion  on  this  (piestion  !  How  improper  and  uupalriotir 
it  was,  under  these  circumstances,  to  drag  this  delicate  question  into  a  pop- 
ular election,  in  the  dhscnce  of  the  facts  necessaiy  to  a  riglu  understanding,' 
of  it!  Nevertheless,  in  an  evil  hour  for  the  welfare  of  the  country,  thi^ 
question  was  seized  upon  for  the  purpose  of  President-making.  It  was  laid 
hold  of  as  one  of  the  elements  of  agitation  in  a  political  campaign,  to  over- 
ride other  questions.  An  exclusive  claim  to  all  Orcrron  was  set  up,  and 
any  one  who  dared  to  doubt  the  propriety  of  this  was  to  be  denounced  as 
on  the  British  side  of  the  question.  The  Baltimore  convention  embla- 
zoned the  claim  on  its  flag,  and  it  was  shouted  over  the  Union  as  one  of  the 
watchwords  of  party.  PSext  came  the  inaugural  of  the  newly  elected  Pre- 
sident, and  in  it  the  reiteration  of  this  claim  of  exclusive  right  to  the  whole 
of  the  territory.  This  announcement  in  the  inaugural, putting  on  a  higher 
dignity,  and  assuming  a  greater  importance  than  could  attach  to  the  decla- 
rations of  a  mere  parly  convention,  attracted  the  special  notice  of  Great  Bri- 
tain, and  called  forth  a  response  not  at  all  favorable  to  the  continuance  of 
peace  between  the  two  countries.  This  naturally  aroused  a  corresponding 
increase  of  excitement  on  this  side  of  the  wafer,  and  the  question  was  at 
once  in  danger  of  being  transformed  from  one  about  ac?'€s  of  land  into  a 
point  of  .lational  //o/jor,  in  which  both  Governments  began,  in  some  de- 
gree, to  look  upon  their  s-'nnding  before  the  world  as  involved. 

In  this  posture  things  a.jod  up  to  the  appearance  of  the  late  annual  mes- 
sage. By  that  we  were  put  in  possession  of  important,  and  in  view  of  the 
Baltimore  resolutions,  and  the  declarations  of  the  inaugural,  somewhat  sur- 
prising movements  on  the  part  of  the  newly  elected  Executive.  The  higli 
pretension  of  exclusive  claim  to  the  whole  territory  set  up  in  the  Baltimore 
convention,  and  followed  by  the  inaugural,  had  been  disregarded  or  for- 
gotten, and  we  were  informed  by  the  President  that  he  had  offered  to  dividt 
the  disputed  territory  u-ith  Great  Britain  on  the  parallel  of  tJie  forty-ninth 
degree  of  north  latitude!  But  to  avoid  the  wrath  and  denunciation  of  his 
'^  tchole  of  Oregon  w  war''''  friends,  and  seeing  the  ghost  of  the  murdered 
Baltimore  resolution  rising  before  him,  he  goes  on  to  tell  us  that  his  ofler 
not  having  been  accepted  by  Great  Britain,  he  had  withdrawn  it,  and  had 
again  set  up  his  claim  to  all  the  territoi^y!  "  Our  title  to  the  whole  of  Ore- 
gon''^ is  again  proclaimed,  and  the  President  says,  "  maintained  by  irrefra 
gable  facts  and  arguments." 

To  this  offer  by  the  President  to  compromise  on  the  forty-ninth  parallel. 
I  make  no  objection.  In  making  this  offer  I  believe  he  did  right.  But  in 
making  it  he  has  disregarded,  if  not  condemned,  in  the  most  unequivocal 
and  solemn  form ,  the  Baltimore  democratic  resolution,  on  which,  among 
other  things,  he  came  into  pow«:r.     That  resolution  is  in  these  words  : 

'^  Resolved,  That  our  title  to  the  whole  of  the  territory  of  Oregon  is  clear 
•and  unquestionable;  and  that  no  portion  of  the  same  ought  ho  be  ceded  to 


i^ngland 
tlie  real 
Americai 
|)ort  of  tl 
J  This  r 
jlhe  whol 

'4)cnt  infc 
id  to  cec 
ilo  nearly 
league, ( 
therefore 
liot  to  be 
purpose 
itwd  assis 
Ifirst  acts 
■  But  tl 
cial  noti( 
4ione  by 
iPt  compi 
dadjust  th 
I  than 
jdents,  ai 
these  " 
|done  by 
jlhese  wi 
•fesolutio 
tiis  inau; 
ideserved 
Inise.  ] 
ledge  of 
/I  But  a 
I'resider 
from  de] 

t3peatet 
f  their 
||ot  grea 
iose"  b 
Ifromise 
ilso.  1 
irith  thi 
admittec 
fecognis 
morally 
I  And  1 
4n  acts 
llie  hazi 
mise? 
1  have  1 


cc  with  thU 
Many  of  the 
(^kecl  up  it) 
country  was 
How  Utile. 
!se  facts,  to 
1  mipatiiotir 

into  a  pop- 
Klerstandin" 
ountry,  this 

It  was  laid 
\gn,  to  over- 
set up,  and 
jnounced  as 
tion  enibla- 
,s  one  of  th»> 
elected  Pre- 
0  (he  whole 
on  a  higher 
0  the  decla- 
>f  Great  Bri- 
itinuance  of 
uresponding 
Btion  was  at 
land  into  a 
n  some  de- 
annual  mes- 
view  of  the 
mewhat  our- 
The  higli 
le  Baltimore 
irded  or  for- 
ed  to  divide 
'  fortij-7iinth 
iation  of  his 
le  murdered 
hat  his  ofiet 
it,  and  had 
hole  of  Ore- 
d  by  irrefra 

nth  parallel. 
:ln.  But  in 
unequivocal 
lich,  amoD? 
words : 
jgon  is  clear 
be  ceded  to 


f^ngland,  or  any  other  power;  and  that  the  re-occupation  of  Oregon,  and 
tlie  re-annexation  of  Texas  at  the  earliest  practicable  period,  are  great 
American  measures,  which  this  convention  reconnnends  to  the  ardent  sup- 
|K)rt  of  the  democracy  of  the  Union." 

J  This  resolution  declares,  in  the  most  explicit  language,  that  our  title  to 
ihe  whole  of  Oregon  is  clear  and  unquestionable,  a7id  that  Jio  portion  of  the 
same  ou^hi  to  be  ceded  to  England,  or  any  other  power.  But  the  Presi- 
VJent  informs  us  in  his  message  that  he  has,  since  he  came  into  oflice,  otter- 
id  to  cede  to  England  all  north  of  the  forty-ninth  degree — which  amounts 
to  nearly  half  of  the  whole  territory — enough,  in  the  estimation  of  my  col- 
league, (Mr.  Johnson,)  to  make  six  such  States  as  Tennessee  I  He  has, 
therefore,  ottered  to  do  what  this  famous  Baltimore  resolution  said  ought 
liot  to  be  done.  This  resolutioi>.passed  by  ilie  Baltimore  convention  for  the 
j)urpose  of  seizing  hold  of  a  popular  excitement  to  override  other  questions, 
liHd  as.sist  him  in  attaining  power,  has  been  thus  condemned  by  one  of  the 
IBrst  acts  of  his  administration  ! 

•  But  the  reasons  given  by  the  message  for  making  this  ofl'er  deserves  spe- 
cial notice.  The  President  says  he  made  it  in  deference  to  what  had  been 
^one  by  his  predecessors,  and  especially  in  consideration  that  propositions 
■of  compromise  had  been  thrice  made,  by  two  preceding  administrations,  to 
Jadjust  the  (piestion  on  the  parallel  of  forty-nine  degrees,"  «\:c. 

I  thank  the  President  for  this  admission  in  favor  of  the  force  of  prece- 
Jdents,  and  the  deference  due  to  the  acts  of  predecessors.  But  why  were 
these  ''  propositions  of  compromise,"  and  this  deference  to  what  had  been 
|3one  hy  preceding  administrations,  not  thought  of  sooner?  Why  did  not 
jlhese  wise  and  patriotic  considerations  prevent  the  passage  of  the  Baltimore 
rf-esolution?  Why  did  they  not  occur  to  the  President  when  he  delivered 
iiis  inaugural  address?  Were  the  facts  known  to  him?  If  so,  they  then 
jdeserved  as  much  respect  as  when  he  afterwards  made  the  otter  of  compro- 
jnise.  If  they  were  not  known  to  him,  he  spoke  without  a  proper  know- 
ledge of  the  subject. 

J  But  another  view  of  this  point  deserves  still  more  special  notice.  If  the 
t*resideni  did  right  (and  I  hold  he  did)  in  making  this  otter  of  compromise 
from  deference  to  what  had  been  done  by  his  predecessors,  who  had  made 
Jjepeated  otters  to  settle  on  the  forty-ninth  degree,  did  he  weaken  the  force 
M  their  acts  by  making  the  same  offer  himself?  On  the  contrary,  did  he 
Hot  greatly  increase  ''the  implied  obligation  which  their  acts  seemed  to  im- 
pose" by  his  own  solemn  sanction?  These  repeated  ''  propositions  of  com- 
promise" are  now  not  only  the  acts  of  his  predecessors,  but  his  own  act 
ilso.  They  rest  on  his  sanction  as  well  as  that  of  former  administrations, 
with  this  additional  weighty  consideration ,  that  he  has  not  only  impliedly 
admitted  the  force  of  these  precedents  by  following  them,  but  has  expressly 
lecognised  the  principle  that  these  precedents  are,  in  some  degree  at  least, 
Haorally  binding  on  the  Government. 

ii  And  now,  sir,  I  come  to  the  question,  whether,  in  the  face  of  the  repeat- 
^|d  acts  and  admissions  of  this  Government,  we  can  now  with  propriety,  at 
we  hazard  of  war,  seize  the  whole  Oregon  territory,  excluding  all  compro- 
mise? I  believe  we  cannot.  I  do  not  here  enter  into  the  question  of  title. 
I  have  neither  the  time,  nor,  at  present,  the  inclination  to  do  so.    Whether 


6 


our  title  was  originally  "  clear  and  unquestionable,"  or  not,  the  acts  of  o^cforc 
own  Government,  and  especially  of  the  present  Executive,  have  placed PMinod 
where  we  cannot,  in  the  face  of  the  civilized  world,  tender  an  issue  of  wWO  ap 
on  an  exclusive  claim  to  all.  The  same  powerful  considerations  which ij^l^"'''' 
recently  induced  our  Government  to  tender  an  cfler  of  compromise  on  \m^'  ^^" 
49th  degree,  still  requires  us  to  accept  it  when  it  shall  be  returned,  if » ''"^^ 
should  be,  by  Great  Britain  to  us.  land  on 

It  has  been  said  that  the  President,  by  withdrawing'  his  proposition •W'"'^ 
compromise,  has  released  himself  and  the  Government  from  all  obligatiW  woni 
to  adjust  the  difficulty  in  any  other  way  tiian  by  arms,  unless  Great  Britnn|"  P''*^ 
will  surrender  all.  To  mc  this  is  a  strange  mode  of  reasoning  on  a  gre fl'^'"^ 
national  question,  where  the  only  alternatives  are  compromise  or  an  appe  l^"*^ '" 
to  arms.  It  is  bringing  down  the  dignity  of  the  question  to  the  rules  govcii^^P'"^" 
ing  horse  jockeys  in  the  exchange  of  their  stock , 


when  either  parly  has  a  rigl^*'"^*^')' 
•position  and  demand  beii^^o^''^ ' 


propositi  oi 


c 


before  a  ilnal  agreement,  to  withdraw  his  j.._j _ _  — ,.. 

terms;  or  to  a  case  of  disputed  rights  between  private  individuals,  when*^  ''*^. 
they  cannot  agree,  the  law  has  provided  a  common  tribunal  to  which  eitlill*^  '-'^''J 
may  appeal  for  a  peaceful  decision  of  the  controversy.     In  a  great  questiop''^^*^" 
between  nations,  where  th^re  is  no  common  tribunal  to  which  they  can  g^*^?','^": 
and  when,  if  negotiation  fails,  the  shedding  of  human  blood  must  follo\*f*'^'^  ^' 
a  very  different  case  is  presented.     In  such  a  case,  the  moral  sense  of  tlMjfP^'*  ' 
civilized  world  forbids  a  nation  shedding  blood  for  that  which  it  has  solemW**'*i^^'^' 
ly  and  repeatedly  offered  to  surrender.     I  hold  this  to  be  our  condition  ;"*  ^  "^^ 
regard  to  that  part  of  Oregon  north  of  the  49th  degree,  repeatedly  offered ^J"^  J^^^ 
be  surrend^ied  by  die  present  and  preceding  administrations.  ai 

But  .«  been  said  that  these  oJJ'crs  of  compromise  were  only  made  i  ^^y 
the  sat .  .  peace,  and  are,  therefore,  not  binding.  But  is  not  peace  i^^^^^^^j 
dear  to  day  as  when  these  offers  were  made?  I  only  regret  that  when  oi>^*'^^!^  y 
present  Executive  made  his  offer  of  compromise,  he  had  not  stood  upon  i^^^"^') 
If  he  had,  the  whole  country  would  have  lallied  to  him  with  one  heart  a\0''  ^"^. 
one  feeling,  excepting  only,  perhaps,  the  '^  all  of  Oregon  or  war  menl*®^  "^^  " 
They  would  have  opened  their  batteries  on  him ,  but  he  would  have  bee'*! '^  ^^^° 
■•-■■-""-■  aW^»?v 


C( 


sustained.     If  he  had  asked  for  the  passage  of 


notice," 


it  would  ha\' 


passed  without  delay,  and  almost  unanimously,  unless,  indeed,  the  extrcn; 
Oregon  wing  of  his  own  party  had  voted  against  it.  The  passage  of  noli 
in  itself  was  not  exceptionable;  nor  in  itself  was  it  any  cause  of  offence 
Great  Britain.  I,  for  one,  as  is  well  known  to  my  friends  from  the  tin? 
the  question  first  started,  desired  to  vote  for  notice,  if  it  could  be  put  in 
shape  that  seemed  to  me  unexceptionable.  But  the  abrupt  withdrawal  bf 
the  President  of  his  proposition  of  compromise,  and  the  extreme  positioi 
assumed  in  the  message ,  in  the  face  of  his  own  acts  and  the  acts  of  his  pn 
decessors,  which  he  had  recognised  and  followed,  taken  in  connexion  wit! 
the  character  of  the  speeches  on  this  floor,  seemed  to  me  to  render  unqual 
ified  notice  improper.  I  therefore  voted  against  it  in  the  form  it  passed  tin 
House.  But  I  here  desire  to  take  occasion  to  say,  that  if  the  bill  return 
from  the  Senate  modified  in  the  form  I  am  assured  it  will  be,  I  will  vod 
for  it  with  great  pleasure,  and  I  have  reason  to  believe  that  my  Whig  coll 

lencrnaa  will  also*  *' 


rigb 


leagues  will  also.^ 


*See  note  at  the  end. 


ii^. 


IS 


,  the  acts  of  odBeforc  I  close  1  design  to  say  a  few  words  only  in  rejjard  to  the  positions 

have  placed  PU""^*^'  '\v  ^^^'o  of  my  deniocratic  colleagues.     My  collcagne  (Mr.  Stan- 

an  issue  of  wWO  approves  very  heartily  the  ofTer  of  compromise  on  the  40°,  made  hy 

rations  which !*•  Pre.-iidcut,  and  think;)  if  (jJreal  Britain  should  return  the  ."ame  proposi- 

ipromise  on  tA:  our  (iovermnenl  should  accept  it.     He  is,  therefore,  for  compromise 

J  returned,  if  (iftJiat  line  of  division .     If  so,  why  not  place  ourselves  on  that  ground  and 

llQid  on  that  lino  as  an  ultimatum?     Why  break  off  negotiation ,  and  in  a 

proposition •<i'"'"!?  passion  claim  idl?     Why  place  ourselves  in  a  false  attitude  before 

m  all  obligatidli  world,  by  first  offering  to  compromise  on  tlmt  line  as  a  division,  and 

ss  Great  Britain  provoking  an  unnecessary  war,  founded  on  a  refusal  to  negotiate,  and 

)ning  on  a  grf^l^^'"^  of  Jibsolute  and  exclusive  title  to  all? 

ise  or  an  appe  jBut  my  other  colleague  to  whom  I  allude,  (Mr.  Johnson,)  holds  that  no 

le  rules  goveilPH^'oiJiise  ought  to  be  made.     Nothing  will  satisfy  him  short  of  the  whole 

arty  has  a  righP"'lory  up  to  51°  40'.     And  to  sustain  this  bold  ])osition  he  has  read  the 

demand  beti^P'^ous  Baltiniore  democratic  resolution  to  which  I  have  already  referred. 

iduals,  when.#  ^^^^  ^''-o  lead  from  the  inaugural  of  the  President,  in  which  the  exclu- 

to  which  eitlitfo  claim  of  the  whole  territory  set  up  in  the  Baltimore  convention  was  re- 

a  great  questiJP'^^'^^'j  ^^^^  our  title  to  the  whole  territory  declared  to  be  clear  and  un- 

ich  they  can  g^l^st  ion  able.     In  referring  to  these  documents,  and  sustaining  the  assertions 

kI  must  foIlo\i4^'^'^  which  they  contain,  it  seems  to  me  he  inflicts  (unintentionally  per- 

ral  sense  of  tl*iP^')  '-'"^'^'^  censure  on  his  own  President.     If  our  title  to  all  is  clear,  and 

h  it  has  solemi*^***^  ought  to  be  surrendered,  as  declared  in  these  famous  documents, then 

>ur  condition  1^  President  has  been  gudty  of  inexcusable  violation  of  duty  in  olTering  to 

atedly  offered  ff^^^  away  nearly  half  the  territory.     Either  these  documents  are  wrong,  or 

3.  j^e  the  President  is. 

e  only  made  i.-t}^y  colleague  (Mr.  Johnson)  has  said  that  the  Whig  members  from  Ten- 
is  not  peace  i|'=*^^^'  ^^^  ^'^""  '^^  ^'^®y  '^five  made  any  expose,  are  willing  to  compromise  with 
:  that  when  oiif^^^  Britain  on  the  line  offered  by  the  President.  This  may  be  true.  They 
3t  stood  upon  1%^^'"^^'  ^^'^  'lot  agree  with  either  the  Baltimore  convention  or  the  iuaugu- 
they  thought  the  declarations  of  both  untimely  and  improper.  We  be- 
ved  they  were  calculated  to  render  the  auiicable  adjustment  of  the  ques- 
n  more  difficult  and  doubtful;  we  therefore  believed  them  untimely  and 
ong,  and  still  believe  so.  But,  when  the  President  abandoned ihe  extrav- 
nt  pretensions  of  the  Baltimore  convention  and  his  own  inaugural,  and 
"ered,  for  the  sake  of  peace,  the  49th  degree  as  a  compromise,  we  said  he 
"  right;  and  we  still  say  so.  But,  unfortunately  for  his  own  consistency, 
1  fear  for  the  peace  of  the  country,  dreading  perhaps  the  fire  from  the 
ns  of  his  own  friends,  the  President  has  ahandonedhls  new  position;  with- 
wn  the  proposition  of  compromise,  broken  ojf  negotiation  abruptly,  and 
in  hung  himself  up  on  the  Baltimore  resolution  and  the  declarations  of 
inaugural! 

ut  hear  what  my  colleague  says  of  the  relative  positions  of  t'le  Whigs 
Democrats  of  Tennessee.  He  says:  "But  how  did  the  President  stand? 
Ihy,  he  was  sustained  in  his  strong  position,  the  line  of  54°  40',  by  the 
mocracy,  while  on  the  weak  points  the  Whigs  come  in  and  supported 
.  Was  there  ever  an  Administration  better  sustained  than  this  ?  The 
cutive,  in  offering  the  compromise  of  the  line  of  49°,  was  supported  by 
Whigs  of  Tennessee,  so  far  as  they  had  made  an  expose  of  their  opin- 


h  one  heart  an 

or  war  men. 

^ould  have  be^ 

it  would  ha^" 
ed ,  the  extreni 
assage  of  noticj 
se  of  offence 
3  from  the  tim 
uld  be  put  inl 
;  withdrawal 
ctreme  positioii 
acts  of  his  prfl 
connexion  wit  i 
render  unqual! 
m  it  passed  th 
the  bill  retuml 
be,  I  will  volil 

my  Wliig  coll 


iittis.''     Here  the  President  is  represented  as  having  figured  in  various  pleas- 


m 


,i^ 


s 


ing  attitudes — sometimes  delighting  the  Democracy  and  sometimes  the  Whigi; 
He  has  his '^s(rong  position/' which  is  his  claim  of  a//,  and  his ''weak 
points,"  which  is  his  offer  to  divide.  The  former  the  Democracy  susJain 
the  latter  the  Whigs  sustain . 

Now,  according  to  my  colleague's  own  showing,  the  Whigs  have  the  ad- 
vantage. They  sustain  wluit  the  President  has  done;  the  Democracy  what 
he  has  said.  The  Democracy  furnish  support  to  his  wings  while  tlying: 
tlie  Whigs  sustain  the  ground  on  which  he  lights  down.  He  has  taken  to 
his  wings  a^ain,  it  is  true,  in  dread  of  a  fire  from  his  own  friends;  cut  it  i$ 
supposed  ol  lute  he  is  becoming  greatly  fatigued,  and  will  soon  again  lighi 
down  at  the  point  from  which  he  took  his  last  start. 


NOTE. — Since  the  drlivery  of  the  forcgoin*  ipeech,  the  vote  hns  been  taken  in  the  Senate  on 
the  question  of  "notice,"  nnd,  as  I  aniicipatea,  the  resolution  from  the  House  was  rejected,  and 
the  one  introduced  into  the  Senate  l.y  Mr.  Crittenden,  of  Kentucky,  and  slightly  modified  by 
Mr.  Johnson,  of  Maryland,  substituted  in  its  place,  and  passed.  Mr.  Crittindin's  resolution 
in  this  form  carne  back  to  the  House,  and  after  some  conte.it  between  the  two  Houses,  was  final- 
ly passed  without  any  material  change.  As  it  finally  passed  I  voted  for  it,  and  so  did  every  Whig 
in  both  Houses  of  Congresn.  The  only  votes  against  it  were  from  Democrats,  being  fortysix  in  tht 
House  and  ten  in  tlu  Senatt.  M.  ii. 


•f     ,» 


J'  .'< 


■X  --I! 


, ,  -'•  •  ■'' 


'   i. 


•»  v<     ".    ' 


!8  the  Whigs 
1  his  ''weak 
racy  sustain 

have  the  ad 
locracy  rohai 
ivhile  tlying; 
has  taken  to 
ids;  LUt  it  h 
1  again  light 


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11  the  Senate  on 
as  rejected,  and 
itly  modified  by 
den's  resolutioii 
)use8,  was  final- 
J  did  every  IVhi^ 
fortysix  in  tht 
M.  B. 


\  1 


